← Cases

Board of Trade of the Wholesale Seafood Merchants, Inc. v. Castagnola

18 A.D.2d 914 Court N.Y. App. Div. Decision date 1963-02-11 English

Contents

Majority

p. 914
Board of Trade of the Wholesale Seafood Merchants, Inc., Respondent, v. Michael Castagnola et al., Appellants.

Judgment reversed on the law and the facts, with costs, and complaint dismissed, with costs. Findings of fact which may be inconsistent herewith are reversed and new findings are made as indicated herein. In op.r opinion, the proof established that the conveyance in question was made for a fair consideration and without any fraudulent intent. Hence, defendants were entitled to a dismissal of -the complaint. Kleinfeld, Brennan and Hill, JJ., concur; Ughetta, Acting P. J., and Christ, J., dissent and vote to affiim the judgment.